Patriot Act Information
NMLA Resolution
Adopted by the New Mexico Library Association on
January 31, 2003
RESOLUTION ON THE USA PATRIOT ACT AND RELATED MEASURES
THAT INFRINGE ON THE RIGHTS OF LIBRARY USERS
WHEREAS, the American Library Association affirms
the responsibility of the leaders of the United States to protect and
preserve the freedoms that are the foundation of our democracy; and
WHEREAS, libraries are a critical force for promoting
the free flow and unimpeded distribution of knowledge and information
for individuals, institutions, and communities; and
WHEREAS, the American Library Association holds
that suppression of ideas undermines a democratic society; and
WHEREAS, privacy is essential to the exercise of
free speech, free thought, and free association; and, in a library,
the subject of users’ interests should not be examined or scrutinized
by others; and
WHEREAS, certain provisions of the USA PATRIOT Act,
the revised Attorney General Guidelines to the Federal Bureau of Investigation,
and other related measures expand the authority of the federal government
to investigate citizens and non-citizens, to engage in surveillance, and
to threaten civil rights and liberties guaranteed under the United States
Constitution and Bill of Rights; and
WHEREAS, the USA PATRIOT Act and other recently enacted laws, regulations,
and guidelines increase the likelihood that the activities of library
users, including their use of computers to browse the Web or access
e-mail, may be under government surveillance without their knowledge
or consent;
now, therefore, be it
RESOLVED, that the American Library Association opposes any use of
governmental power to suppress the free and open exchange of knowledge
and information or to intimidate individuals exercising free inquiry;
and, be it further
RESOLVED, that the American Library Association encourages all librarians,
library administrators, library governing bodies, and library advocates
to educate their users, staff, and communities about the process for
compliance with the USA PATRIOT Act and other related measures and about
the dangers to individual privacy and the confidentiality of library
records resulting from those measures;
and, be it further
RESOLVED, that the American Library Association urges librarians everywhere
to defend and support user privacy and free and open access to knowledge
and information; and, be it further
RESOLVED, that the American Library Association will work with other
organizations, as appropriate, to protect the rights of inquiry and
free expression; and, be it further
RESOLVED, that the American Library Association will take actions as
appropriate to obtain and publicize information about the surveillance
of libraries and library users by law enforcement agencies and to assess
the impact on library users and their communities; and, be it further
RESOLVED, that the American Library Association urges all libraries
to adopt and implement patron privacy and record retention policies
that affirm that the collection of personally identifiable information
should only be a matter of routine or policy when necessary for the
fulfillment of the mission of the library (ALA Privacy: An Interpretation
of the Library Bill of Rights); and, be it further
RESOLVED, that the American Library Association considers that sections
of the USA PATRIOT ACT are a present danger to the constitutional rights
and privacy rights of library users and urges the United States Congress
to:
1) provide active oversight of the implementation of the USA PATRIOT
Act and other related measures, and the revised Attorney General Guidelines
to the Federal Bureau of Investigation;
2) hold hearings to determine the extent of the surveillance on library
users and their communities; and
3) amend or change the sections of these laws and the guidelines that
threaten or abridge the rights of inquiry and free expression; and,
be it further
RESOLVED, that this resolution be forwarded to the President of the
United States, to the Attorney General of the United States, to Members
of both Houses of Congress, to the library community, and to others
as appropriate.
FAQs
DO YOU HAVE QUESTIONS ABOUT THE PATRIOT ACT? WE HAVE ANSWERS.
Compiled by the Legislation and Intellectual Freedom Committee of
the New Mexico Library Association
The following 6 links are to help you locate information about the
impact of the Patriot Act on libraries.
1) Do you need background information, current information or
a copy of ALA’S Resolution?
Go to ALA's
guidelines for Librarians on the USA Patriot Act. The latest news
on the USA Patriot Acts I and II, information on what to do if the FBI
comes to your library, a copy of the USA Patriot Act, background information
and ALA’s resolution on the USA Patriot Act.
2) Do you need help writing a policy about the Patriot Act?
Go to the New
Mexico State Library for the State Library's policy and procedures
for responding to law enforcement requests for patron.
3) Do you want to find out what is happening at the federal level?
Go to Thomas
and search current legislation.
4) Do you want to find out what is happening in New Mexico?
Go to the New
Mexico State Legislature. Check under memorials.
5) Do you want information from the Federal Government?
Go to the Department
of Justice.
6) Do you want more background information? More
national information? The latest news?
Go to the
American Civil Liberties Union.
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